CHAPTER SHORT SUBDIVISIONS

Transcription

1 CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER SHORT SUBDIVISIONS Sections: Purpose Scope Preliminary Short Subdivision Conditions and Requirements Referral to Other Departments, Agencies, and Offices Waivers, Deferrals, and Deviations Preliminary Short Subdivision Application Review Procedures Expiration of Preliminary Short Subdivision Approval Preliminary Short Subdivision Appeals Improvements Final Short Subdivision Application Final Short Subdivision Application Review Procedure Final Short Subdivision Approval Final Short Subdivision Fees, Mylars, Covenants Recording Final Short Plat Vested Rights Final Short Subdivision Appeals Purpose: The procedures regulating short subdivisions are established to provide for the orderly and efficient division of land within the City on a small scale; to promote the public health, safety, and general welfare; and to substantially comply with the provisions of state law. (Ord. 2576, 7/27/10; Ord. 2143, 12/9/03; Ord. 1064, 1982) Scope: This chapter regulates the division or redivision of land into nine (9) or fewer lots for the purpose of sale, lease, or transfer of ownership, and which has not been divided into a short subdivision within a period of five (5) years. (Ord. 2831, 11/8/16; Ord. 2576, 7/27/10; Ord. 2143, 12/9/03; Ord. 1064, 1982) Preliminary Short Subdivision Conditions and Requirements: A. General Conditions and Requirements: 1. The subdivision shall make adequate provision for municipal improvements, street lighting circuits, alleys, drainage ways, irrigation water right-of-ways, other public ways, public access, and other improvements as deemed necessary in conformance with Community Street and Utility Standards, Chapter 17.21, Chapter and other codes and regulations that are applicable. 2. The subdivision shall comply with all zoning and health regulations. 3. The subdivision shall be consistent with the Comprehensive Plan. 4. The applicant shall make arrangements with Grant County PUD for payment of all street lighting fees. 5. The subdivision shall provide for irrigation water right-of-ways pursuant to state law. 6. The subdivision shall not have been divided by a short subdivision within five (5) years by a different owner. 7. The subdivision shall consist of nine (9) or fewer lots. 8. Unless an applicant requests otherwise, and the Plat Administrator agrees, a preliminary subdivision application shall be processed simultaneously with the application for rezones, 10 (11/16)

2 deviations, planned development districts, building plan approvals, and similar quasijudicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing. 9. Every decision or recommendation made under this chapter by the City Council or Planning Commission shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. 10. Preliminary subdivision applications shall be approved, disapproved, or returned to the applicant for modification within the time limitations established by state law; provided, if an Environmental Impact Statement is required pursuant to state law, or if deviations are required, the time spent reviewing and circulating the Environmental Impact Statement and deviation request by the local governmental agency is not counted in the time limitation period. B. Specific Conditions and Requirements: 1. Prior to submitting a preliminary short subdivision application, the applicant shall schedule a pre-application conference with the Plat Administrator. During the pre-application conference, the applicant shall present a conceptual idea of the subdivision, and City personnel will respond informally to the applicant about potential items of concern or clarification, to aid the applicant in preparing the preliminary short subdivision application. 2. All preliminary subdivision applications shall be submitted to the Plat Administrator. 3. A completed preliminary short subdivision application shall include the following items: a. A completed preliminary subdivision application form, signed by the property owner, on a form provided by the Community Development Department. b. A non-refundable fee per Chapter c. A reduced set of all application drawings, each drawing on eleven inch (11") by seventeen inch (17") paper. Smaller sized drawings may be approved by the Plat Administrator. d. A plat certificate from a title company licensed to do business in the State of Washington confirming that the title of the lands corresponds with the owners described and shown on the plat and instrument of dedication. The plat certificate shall be dated within thirty (30) calendar days of filing. e. Twelve (12) full-size copies of the preliminary plat. The preliminary plat shall be a neat and accurate drawing, stamped and signed by a land surveyor. The preliminary short plat shall show sufficient detail and information to provide verification that the proposed subdivision layout can meet all approval requirements of a subdivision. The format shall be as specified in Chapter 17.15, with the ultimate goal of the applicant to provide a final plat per specifications in Chapter Specific items that are required on a preliminary plat are listed below. 1) Name of proposed subdivision, names of all existing streets within the survey, and names of all proposed streets. 2) Boundaries of proposed subdivision established by the preliminary survey, and locations of the monuments found and established during the preliminary survey. 3) All proposed lots with their dimensions, lot numbers, block numbers, and lot areas. 11 (11/16)

3 4) Location and dimension of all existing and proposed streets, alleys, right-of-ways, municipal easements, public utility easements, and other public lands within and adjacent to the proposed subdivision. 5) Location and dimensions of all existing and proposed USBR irrigation water rightof-ways on and adjacent to the proposed subdivision. 6) Legal description of land within the proposed subdivision. 7) Name, address, and seal of the land surveyor who made the preliminary survey. 8) Date map is prepared, vicinity map, scale, north arrow, basis of bearing, vertical datum. f. Three (3) full-size copies of the site plan. Site plans shall be provided on a separate sheet from the plat, per site plan requirements listed in Chapter g. Deviation requests. h. Traffic memos are required if the subdivision will increase traffic by more than one hundred (100) trips per day or more than ten (10) peak-hour trips. (Ord. 2831, 11/8/16; Ord. 2576, 7/27/10; Ord. 2478, 6/23/09; Ord. 2382, 3/25/08; Ord. 2143, 12/9/03; Ord. 1988, 11/14/00; Ord. 1897, 12/28/99; Ord. 1661, 1994; Ord A, 1994; Ord. 1616, 1994; Ord. 1240, 1986; Ord. 1143, 1984; Ord. 1064, 1982) Referral to Other Departments, Agencies, and Offices: A. The Plat Administrator shall distribute copies of the preliminary plat to each of the following offices, departments, or agencies after filing a preliminary short subdivision application: 1. Public Utility District 2. Gas Company 3. Telephone Company 4. Engineering Division of the Municipal Services Department (three copies) 5. Fire Department 6. Building Division of the Community Development Department 7. Grant County local health jurisdiction 8. All irrigation districts with jurisdiction 9. Grant County Assessor 10. Communications Company 11. Grant County Auditor 12. United States Bureau of Reclamation 13. Grant County Emergency Management 14. United States Post Office 12 (11/16)

4 15. Washington State Department of Fish and Wildlife B. The Plat Administrator shall notify the Police Department, Park and Recreation Department, and City Manager that a preliminary subdivision application has been filed. C. The Plat Administrator shall notify Grant County Planning Department and Grant County Public Works Department when a preliminary subdivision application is filed, if the subdivision abuts the municipal boundary. D. The Plat Administrator shall notify the Washington State Department of Transportation when a preliminary subdivision application is filed, if the subdivision abuts the right-of-way of a state highway, or if the subdivision is within two (2) miles of the boundary of a state or municipal airport. E. The Plat Administrator shall notify each office, department, or agency that written recommendations will be accepted within fourteen (14) calendar days from the date that the notification is sent. If a written recommendation is not received by the Plat Administrator within fourteen (14) calendar days, the preliminary subdivision application may be processed under the assumption that such office, department, or agency has no recommendation. F. If the preliminary subdivision application is unacceptable, a letter shall be mailed to the applicant within time limitations established by state law. G. The Plat Administrator may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations of other offices, departments, or agencies. Such meeting shall be attended by those offices, departments, or agencies responsible for the recommendations and shall include the applicant and the Plat Administrator. (Ord. 2576, 7/27/10; Ord. 2143, 12/9/03; Ord. 1988, 11/14/00; Ord. 1897, 12/28/99; Ord. 1240, 1986; Ord. 1064, 1982) Waivers, Deferrals, and Deviations: Waiver, deferral, and deviation requests from provisions contained in this title shall be in writing to the Plat Administrator and processed in accordance with Chapter All requests for waivers, deferrals and deviations shall be received prior to preliminary subdivision approval. (Ord. 2576, 7/27/10; Ord. 2143, 12/9/03; Ord. 1988, 11/14/00; Ord. 1897, 12/28/99; Ord. 1240, 1986; Ord. 1064, 1982) Preliminary Short Subdivision Application Review Procedures: A. After an acceptable short subdivision application is received, and within the time limitations established by state law, the Plat Administrator shall respond to the applicant in one of the following manners: 1. Preliminary approval is granted as submitted. 2. Preliminary approval is granted with modifications requested. 3. The proposed subdivision is denied and reasons stated. 4. Preliminary approval is withheld until all dedication and deviation requests are approved by the Planning Commission or City Council. B. Approval of the preliminary subdivision shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, and to prepare the final subdivision application. (Ord. 2576, 7/27/10; Ord. 2478, 6/23/09; Ord. 2382, 3/25/08; Ord. 2143, 12/9/03; Ord. 1988, 11/14/00; Ord. 1897, 12/28/99; Ord A, 1994; Ord. 1240, 1986; Ord. 1064, 1982) 13

5 Expiration of Preliminary Short Subdivision Approval: CITY OF MOSES LAKE MUNICIPAL CODE A. A preliminary short subdivision approval shall expire and become null and void after one (1) year from the date of preliminary subdivision approval unless an extension is approved by the Plat Administrator. B. The Plat Administrator may grant one (1) extension of the preliminary subdivision approval for a period not to exceed one (1) year, provided that the applicant submits a written request for an extension at least thirty (30) calendar days before the expiration of the preliminary short subdivision approval. (Ord. 2576, 7/27/10; Ord. 2143, 12/9/03; Ord. 1064, 1982) Preliminary Short Subdivision Appeals: Decisions approving or disapproving preliminary short subdivisions are reviewable as provided in Chapter (Ord. 2576, 7/27/10; Ord. 2382, 3/25/08; Ord. 2143, 12/9/03; Ord. 1064, 1982) Improvements: A. After the preliminary subdivision is approved, required improvements shall be constructed by the applicant. Improvement design and approval shall be in accordance with Chapter B. All approvals of project permit applications shall be processed as provided in state law. C. The Development Engineer shall review all required improvements to ensure conformance with approved plans and specifications. All construction of municipal improvements requires a Street and Utility Construction Permit to be obtained in accordance with Chapter D. Prior to submitting the final subdivision application, the applicant shall complete all required improvements, except as noted below: 1. In lieu of completing and installing all required improvements, a subdivision bond or other security shall be submitted by the applicant for approval by the City Attorney. A bond or alternative security shall be in an amount of one hundred fifty percent (150%) of the cost of the actual construction remaining. The applicant shall submit documentation of the cost of construction to the Municipal Services Director to support the determination of the amount required for bond or alternative security. Bonds or alternate security for short subdivisions shall be in effect for one (1) year, and shall be on forms approved by the City Attorney. a. All improvements listed in the subdivision bond or approved security shall be installed by the contractor, and acceptable by the City, within one (1) year of accepting the bond or approved security. b. The Plat Administrator may approve one (1) extension of the subdivision bond or approved security for a period not to exceed one (1) year, provided that said request for an extension is filed with the Plat Administrator at least sixty (60) calendar days prior to expiration of the bond or approved security. c. If a time extension is approved, new security documents shall be submitted by the applicant. The new security shall be adjusted to accommodate increased costs for completing all required improvements. A new security shall not include additional construction requirements beyond the original scope of work. If the increased costs are not accepted by the surety, or if the Plat Administrator denies the request for extension, and the required improvements are not complete, the City shall foreclose on the existing security, and the subdivision will be held in abeyance. 14

6 E. A Certificate of Occupancy shall not be issued for buildings that are permitted on plats that have a subdivision bond or alternate security attachment until the following events have occurred: 1. Required improvements have been constructed to Community Street and Utility Standards and accepted by the City Council. 2. The final plat has been recorded. 3. The building or structure complies with the provisions of the State Building Code. (Ord. 2576, 7/27/10; Ord. 2340, 7/24/07; Ord. 2258, 5/23/067; Ord. 2143, 12/9/03; Ord. 1661, 1994; Ord. 1240, 1986; Ord. 1064, 1982) Final Short Subdivision Application: A. The applicant shall provide the final short subdivision application to the Plat Administrator on forms provided by the Community Development Department. B. A final short subdivision application will not be accepted until all required improvements are accepted by City Council; or until a subdivision bond or alternate security is approved in accordance with this chapter. C. All public dedications that are required or approved for a subdivision, together with any restrictions or limitations thereon, shall be shown on the final plat. These areas shall be shown as dedications on the final plat; or deeds, municipal easements, or both, for properties outside the subdivision boundaries. All deeds and easements required with approval for a subdivision shall be provided for review and acceptance by the City prior to recording. D. The final short subdivision application shall be accompanied by the following: 1. A plat certificate from a title company licensed to do business in the State of Washington, dated within thirty (30) days of submitting the final subdivision application confirming that the title of the lands corresponds with the owners described and shown on the plat and instrument of dedication. 2. A non-refundable fee per Chapter Twelve (12) full-size copies of the final plat, drawn in accordance with the requirements of Chapter Lot, block, and boundary closures for review by the Development Engineer. 5. Final subdivision application form, completed and signed by the property owner. 6. A reduced set of all application drawings, each drawing on eleven inch (11") by seventeen inch (17") paper. Smaller sized drawings may be approved by the Plat Administrator. E. The final short subdivision shall be approved or disapproved within the time limitations established by state law. F. No final short subdivision shall be approved unless the City makes a written finding of fact that the proposed subdivision is in conformance with applicable zoning ordinances and land use controls. 15

7 G. No final short subdivision shall be approved that lies in whole or in part in an irrigation district organized pursuant to state law, unless an irrigation water right-of-way has been provided pursuant to state law. (Ord. 2576, 7/27/10; Ord. 2478, 6/23/09; Ord. 2143, 12/9/03; Ord. 1988, 11/14/00; Ord. 1897, 12/28/99; Ord. 1661, 1994; Ord A, 1994; Ord. 1350, 1988; Ord. 1273, 1987; Ord. 1240, 1986; Ord. 1143, 1984; Ord. 1064, 1982) Final Short Subdivision Application Review Procedure: A. The Plat Administrator shall distribute copies of the final plat to the following offices, departments, or agencies after filing a final short subdivision application: 1. Public Utility District 2. Gas Company 3. Telephone Company 4. Engineering Division of the Municipal Services Department (three copies) 5. Fire Department 6. Building Division of the Community Development Department 7. Grant County local health jurisdiction 8. All irrigation districts with jurisdiction 9. Grant County Assessor 10. Communications Company 11. Grant County Auditor 12. United States Post Office 13. United States Bureau of Reclamation, when they have jurisdiction on the plat Each office, department, or agency shall provide written recommendations to the Plat Administrator within fourteen (14) calendar days from the date that the final plat is circulated for review. If an office, department, or agency fails to provide a written recommendation within the time limitation, the final subdivision application may be processed under the assumption that said office, department, or agency has no recommendation. Final subdivision approval conditions shall not modify the terms of preliminary subdivision approval conditions, without the written consent from the applicant. B. The Plat Administrator shall notify the Police Department, Park and Recreation Department, and City Manager that a final subdivision application has been filed. C. The Plat Administrator shall notify Grant County Planning Department and Grant County Public Works Department when a final subdivision application is filed, if the subdivision abuts the municipal boundary. D. The Plat Administrator shall notify the Washington State Department of Transportation when a final subdivision application is filed, if the subdivision abuts the right-of-way of a state highway, or if the subdivision is within two miles of the boundary of a state or municipal airport. 16

8 E. The Plat Administrator shall notify Grant County Emergency Management when a final subdivision application is filed if the final plat includes street names that are different from the preliminary plat. F. Within fourteen (14) calendar days from the date that the final plat is circulated for review, the City Engineer shall review the final subdivision application and submit a written report to the Plat Administrator with respect to the following items: 1. Owners listed on the plat correspond with the owners listed on the plat certificate. 2. Legal description on the plat is within the boundaries of the land described on the plat certificate. 3. Required improvements have been accepted by City Council or other approved security has been approved in conformance with this chapter. 4. Plat is technically correct, includes valid certification by the applicant s land surveyor, and provides specific requirements per Chapter G. Within fourteen (14) calendar days from the date that the final plat is circulated for review, the appropriate irrigation district serving or entitled to serve the real property with irrigation water shall review the final application and submit a written report to the Plat Administrator recommending approval or disapproval of the final subdivision. The report shall comment on the adequacy of the proposed means of the delivery of irrigation district entitlement water, and on the adequacy of the proposed means of removal of irrigation wastewater. (Ord. 2576, 7/27/10; Ord. 2478, 6/23/09; Ord. 2143, 12/9/03; Ord. 1988, 11/4/00; Ord. 1897, 12/28/99; Ord. 1661, 1994; ord A, 1994; Ord. 1240, 1986; Ord. 1064, 1982) Final Short Subdivision Approval: A. The Plat Administrator shall approve or disapprove the final subdivision within the time limitations established by state law, unless the applicant consents to an extension of that time period in writing. B. If the Plat Administrator finds that the final subdivision application conforms to all terms of the preliminary subdivision approval, the requirements of state law, and all other requirements, the Plat Administrator shall approve the final subdivision. (Ord. 2576, 7/27/10) Final Short Subdivision Fees, Mylars, Covenants: The applicant shall remit the following payments, fees, mylars, and covenants for an approved final short subdivision before the final short plat will be recorded. A. A check payable to the Grant County Auditor sufficient to cover the recording fee. B. When applicable, voluntary payment in lieu of a dedication of land, or to mitigate a direct impact that has been identified as a consequence of the subdivision, pursuant to state law. C. All other reimbursements and payments that are required as a condition of approval. D. Two (2) original mylar plats, with notarized signatures of the owners. E. One (1) electronic copy of the plat to the Plat Administrator, and one (1) electronic copy of the plat to the Grant County Assessor s office. F. All covenants that are required to run with the land, if any, signed by the owners and notarized, on forms provided by the Community Development Department. (Ord. 2576, 7/27/10) 17

9 Recording Final Short Plat: A. The following approvals signatures are required on approved final plat mylars after all the fees and payments are accepted, and prior to recording: 1. City Engineer 2. Community Development Director 3. City Manager B. The Plat Administrator shall take two (2) original mylar plats with approval signatures to the Grant County Auditor for recording. One (1) of the two (2) mylar plats shall be conformed by the Grant County Auditor and returned to the City Engineer. C. Within one (1) year after a final plat is approved, the applicant shall provide all necessary documents, with notarized signatures of the owners, and all payments and fees that are required with the plat, to the Plat Administrator. If said documents and fees are not provided to the Plat Administrator within one (1) year of final plat approval, the plat shall be expired. (Ord. 2576, 7/27/10; Ord. 2478, 6/23/09; Ord. 2143, 12/9/03; Ord. 1988, 11/14/00; Ord. 1897, 12/28/99; Ord. 1064, 1982) Vested Rights: A subdivision shall be governed by the terms of approval of the final subdivision; and the statutes, ordinances, and regulations in effect at the time of approval pursuant to state law, for a period of seven (7) years after final plat approval; unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. All lots in a subdivision shall be a valid land use, notwithstanding changes in zoning laws, for a period of seven (7) years from the date of final plat approval. (Ord. 2576, 7/27/10; Ord. 2478, 6/23/09; Ord. 2143, 12/9/03; Ord. 1064, 1982) Final Short Subdivision Appeals: Decisions approving or disapproving final short subdivisions are reviewable as provided in Chapter (Ord. 2576, 7/27/10; Ord. 2382, 3/25/08; Ord. 2143, 12/9/03; Ord. 1064, 1982) 18